***** UNAPPROVED MINUTES *****

PLANNING COMMISSION MINUTES
May 6, 1998
7:30 PM
Jamestown Town Hall

Meeting was called to order at 7:35 pm and the following members were
present:
Betty Hubbard          Richard Waters
Gary Girard            Mary Brennan
Arthur Milot           Rob Lambert
Michael Smith          Dennis Webster
Sue Barker

Also present: Lisa Bryer, AICP - Town Planner
     Kimberly Turcone - Recording Secretary
     Jim Estes - Hamilton Avenue Subdivision
     John Caito - Hamilton Avenue Subdivision
     Numi Mitchell - Hamilton Avenue Subdivision 
     Alma Davenport - Hamilton Avenue Subdivision
     Warren Hall - Town Engineer
     James Quattrocchi - Mackerel Cove Heights
     Tom Greig - Ambulance Barn
     Mark Liberati - Pera Subdivision

I.    Correspondence
1.  CRMC Notice to Walter & Diane Wallace, 32 Orient Avenue, Jamestown for
a RI assent to construct and maintain: a residential boating facility to
consist of a 111'x 4' fixed timber pier, an 18' x 3' ramp, and a 150 sq.
ft. float.  The terminus of the dock will extend to 50' beyond mean low
water.  Received & Acknowledged
2.  CRMC ASSENT to Valerie S. Tessier, 682 Centerville Rd., Warwick has
applied for an assent to: construct a residential boating facility to
consist of a 117 foot fixed timber pier, with 3 tie off pilings.
      The terminus of the dock will extend 50 feet beyond mean low water;
located at Plat 3, Lot 36; 529 Seaside Drive, Jamestown.
     Received & Acknowledged
3.  CRMC FINDING NO SIGNIFICANT IMPACT to Joseph Samartano RE: c/m stairs
from existing deck located at 165 Seaside Dr., Plat 5, Lot 8. Received &
Acknowledged
4.  CRMC FINDING NO SIGNIFICANT IMPACT to James Bishop RE: c/m 3 small
editions to the north side of dwelling, a deck to the south side,
reshingle roof, siding and replacement of windows and door as needed in
accordance to plans submitted located at 50 Bayview Dr., Plat 8, Lot 268.
Received & Acknowledged
5.  CRMC to Estate of Ramsey Wetherill (c/o Meredith & Clarke), 5 Ferry
Wharf, Jamestown: Maintenance Certification M98-3-33, to replace cesspool
with town sewer tie in to an existing dwelling, located at 50 Bayview Dr.,
Plat 8, Lot 268. Received & Acknowledged
6.  CRMC CEASE & DESIST ORDER to Philip & Kristin Zhivago, 381 Seaside Dr.
for undertaking construction of a stone retaining wall, backfilled and
landscaped, and disposed of concrete rubble within 200 feet of a coastal
feature located at Plat 16, Lot 237 at the above mentioned address without
benefit of a CRMC assent. Received & Acknowledged
7.  CRMC to the Town Planner RE: Experimental aquaculture application to
conduct temporary, small scale, aquaculture activity.
     Received & Acknowledged

II. Citizen's Non Agenda Item
With nothing at this time move on to Reports.

III. Reports
a.  Town Planner's Submitted Report
b.  Town Committees
Highway Barn Committee - Commissioner Brennan stated that the Highway Barn
Committee will have their first meeting this week.

Parking Committee - Commissioner Girard stated that the Parking Committee
is working on additional parking spaces for Downtown other that the
Downtown area (using a shuttle service).

Town Administrator Committee - Commissioner Hubbard stated that the
Committee has narrowed the search to 12 applicants.

Harbor Commission - Commissioner Webster reported that the Harbor
Commission is pursuing Federal money from the DOT (satisfactory to the
Town Council's wishes).

Quonset/Davisville Port Committee - Commissioner Webster stated that the
Committee will have their first meeting this month.

IV. Old Business
1.   Hamilton Avenue Subdivision Master Plan/Preliminary (continued
review)
Commissioner Hubbard summarized a letter from DEM and the Town Engineer's
review of the Hamilton Avenue Subdivision.

The Town Engineer reviewed his report to the Planning Commission.
      The Planning Commission agreed with the Town Engineer's report and
asked Mr. Estes to include to his plans the Town Engineer's requests.

Mr. Caito, Mr. Estes Engineer, explained the proposed plan and the run off
on the lot, as it now exists.
      The Town Engineer suggested an approximate 5 year storm drain system
to minimize the run off.

Alma Davenport, 99 Clinton Avenue - I own the land to the north of the
said property and the pond is very full now.
      I have a crawl space and that has never flooded.  Is there any way
to mitigate flooding and who do I call when my crawl space floods.
      How would you guarantee that my backyard and crawl space will remain
dry?

Mr. Caito explained the pond run off and outlet.   Ms. Davenport stated
that if Mr. Caito was wrong then a structural problem could occur to her
house.
      Mr. Caito stated that he did not foresee that problem because the
pond has an outlet.

Numi Mitchell - There is continued professional disagreement with this
area especially the southwest corner of the lot.
      DEM's letter did not offer any evidence and it did not talk about
specifics.
      The description in the letter does not characterize the southwest
portion.  This is a bad precedent for the Town.

Commissioner Hubbard asked Mr. Estes and Mr. Caito to show some scientific
explanation of what could happen to the lot (to slow down the run off to
the pond) for lots b & c at the next meeting.
      The Planner suggested that the Town Engineer review the plans also.
      The Planner also stated that the Planning Commission should make
clear in the conditions of approval what the land owners can and can not
do to the land.
      This would show up in the title search for future land owners of
this property.

2.   Mackerel Cove Heights - Master Plan (continued review)
The Planning Commission discussed the proposed motion written by the
Planner.

A motion was my Commissioner Smith and seconded by Commissioner Waters
that the Planning Commission has found that the Cluster Subdivision is a
better use of the subdivision parcel and is in the beat interests of the
residents of Jamestown.
      The use of open space in the proposed Residential Cluster
Development is an appropriate use and is consistent with the requirements
of Article IV.A.4 of the Subdivision Regulations.   So voted:
Betty Hubbard  - Aye            Richard Waters - Aye
Gary Girard - Aye            Mary Brennan - Aye
Arthur Milot - Aye           Rob Lambert - Aye
Michael Smith - Aye          Dennis Webster - Aye
Sue Barker - Aye
Motion carries by a vote of 9-0

A motion was made by Commissioner Hubbard and seconded by Commissioner
Girard to require the developer to move the open space to the south side
of the property so to protect the greatest amount of trees that remain on
the site and to preserve the high point on the knoll where currently the
cul-de-sac lies.  So voted:
Betty Hubbard  - Aye            Richard Waters - Nay
Gary Girard - Aye            Mary Brennan - Nay
Arthur Milot - Aye           Rob Lambert - Nay
Michael Smith - Nay          Dennis Webster - Nay
Sue Barker - Aye
Motion is denied by a vote of 4-5

A motion was made by Commissioner Hubbard and seconded by Commissioner
Webster to accept the Findings of Fact #1 - #13 to include #8 with a
change of wording and to omit #9 and to add to #10 (last part of last
sentence) "to Town water system".  So voted:
Betty Hubbard  - Aye            Richard Waters - Aye
Gary Girard - Aye            Mary Brennan - Aye
Arthur Milot - Aye           Rob Lambert - Aye
Michael Smith - Aye          Dennis Webster - Aye
Sue Barker - Aye
Motion carries by a vote of 9-0

A motion was made by Commissioner Brennan and seconded by Commissioner
Milot to not allow Mr. Quattrocchi to have a path.  So voted:
Betty Hubbard  - Aye            Richard Waters - Nay
Gary Girard - Nay            Mary Brennan - Aye
Arthur Milot - Aye           Rob Lambert - Aye
Michael Smith - Nay          Dennis Webster - Nay
Sue Barker - Nay
Motion is denied by a vote of 4-5

A motion was made by Commissioner Smith and seconded by Commissioner
Webster for the Planning Commission to write a letter to the Town Council
asking to fill the position of Fence Viewer.  So voted:
Betty Hubbard  -Nay          Richard Waters - Aye
Gary Girard - Nay            Mary Brennan - Aye
Arthur Milot - Nay           Rob Lambert - Abstain
Michael Smith - Aye          Dennis Webster - Aye
Sue Barker - Nay
Motion is denied due to a tied vote of 4-4

The Planning Commission discussed the issue of a sidewalk on one side of
the street and most agreed to this concept.
      The Commission asked the Planner to rewrite the motion for the next
meeting.
      The Commission tabled the rest of the Planner's motion until the
next meeting.

V. New Business
1.   Ambulance Barn - Development Plan Review Preapplication
Tom Greig explained to the Commission where the Ambulance Barn is and what
they are planning to do with the building.
      Commissioner Hubbard referred Mr. Greig to the Development Plan
Review section in the Zoning Ordinance to use as a guide and to come back
when a plan is developed.

2.   Vincent Pera - Minor Subdivision Preliminary Review
Mr. Liberati, representing Mr. Pera, explained the history of Mr. Pera's
lot and why they were here.
       Mr. Liberati stated that the Subdivision Regulations were very
confusing and they are here to seek the guidance of the Commission.
     The Planner stated that the main issue of this subdivision is whether
or not Penny Road is public or private.
      Proof needs to be demonstrated that Penny Road was dedicated to the
Town.

The Planner recommend that Mr. Pera go to Zoning for a dimensional
variance and get a ruling from the Solicitor. 

The Planning Commission suggested that they hear form the Solicitor first.
      They asked Mr. Pera to attend the next meeting to hear what his next
step is.

VI.  Reading and approval of minutes from April 15, 1998
A motion was made by Commissioner Brennan and seconded by Commissioner
Webster to approve the minutes from April 15th as amended.  The amendment
is as follows:
  page 2, Section IV; Reports - Parking Committee - "Commissioner Girard
reported that the Parking Committee is looking at parking at the schools."
 
So voted:
Betty Hubbard  - Aye            Richard Waters - Aye
Gary Girard - Aye            Mary Brennan - Aye
Arthur Milot - Aye           Rob Lambert - Aye
Michael Smith - Aye          Dennis Webster - Aye
Sue Barker - Aye

The Planning Commission meeting adjourned at 11:03 pm.
Attest:
Kimberly Turcone
Recording Secretary